Represented financing company in class actions involving notices sent to customers.

Represented insurance companies in internal investigations and responses to subpoenas and government inquiries of finite risk insurance and reinsurance, contingent commission agreements, bid rigging, tying arrangements and other areas

Represented a Fortune 100 company’s Special Committee of the Board of Directors in an internal investigation in anticipation of a derivative action.

Represented an insurance company in a nationwide class action alleging fraud in the sale and marketing of insurance.

Represented a group of affiliated companies in an internal investigation and SEC investigation of market timing and late trading.

Represented a financial services company in an internal investigation of mail and wire fraud and parallel investigations by the SEC, the U.S. Attorney’s Office and the FBI.

Represented members of the D.C. Council in litigation concerning the privatization of D.C. General Hospital.

Product Liability
Represented vehicle manufacturing companies in class and individual actions alleging defective recreational and motor vehicles.

Represented a health care company in a class action alleging the improper medical testing of employees.

Represented a manufacturer and retailer in a class action alleging food products were improperly labeled.

Represented a vehicle manufacturing company in a government and corporate investigation involving product recalls, and served as the NHTSA-approved auditor for resolution with the government.

Discovery-Related Matters
Coordination of electronic discovery preservation, collection and production in the context of class action and other litigation and government investigations.

Oversight of data and document collection and production efforts on behalf of companies responding to private litigation and government investigations.

Creation of a comprehensive discovery plan for companies in securities class action lawsuits.

Implementation of data and document collection and retention protocols for companies facing private and governmental investigations and litigation.

Design and implementation of data and document repositories and creation of search terms and date and custodian parameters for investigation, litigation and production purposes.

Oversight of forensic imaging of company and personnel electronic assets in connection with internal and government investigations and private litigation.
Proposing and securing relief from document retention protocols for a company facing governmental investigations.

Interviews of current and former company personnel for information, data and document collection purposes.

Representative Matters

Represented financing company in class actions involving notices sent to customers.

Represented insurance companies in internal investigations and responses to subpoenas and government inquiries of finite risk insurance and reinsurance, contingent commission agreements, bid rigging, tying arrangements and other areas

Represented a Fortune 100 company’s Special Committee of the Board of Directors in an internal investigation in anticipation of a derivative action.

Represented an insurance company in a nationwide class action alleging fraud in the sale and marketing of insurance.

Represented a group of affiliated companies in an internal investigation and SEC investigation of market timing and late trading.

Represented a financial services company in an internal investigation of mail and wire fraud and parallel investigations by the SEC, the U.S. Attorney’s Office and the FBI.

Represented members of the D.C. Council in litigation concerning the privatization of D.C. General Hospital.

Product Liability
Represented vehicle manufacturing companies in class and individual actions alleging defective recreational and motor vehicles.

Represented a health care company in a class action alleging the improper medical testing of employees.

Represented a manufacturer and retailer in a class action alleging food products were improperly labeled.

Represented a vehicle manufacturing company in a government and corporate investigation involving product recalls, and served as the NHTSA-approved auditor for resolution with the government.

Discovery-Related Matters
Coordination of electronic discovery preservation, collection and production in the context of class action and other litigation and government investigations.

Oversight of data and document collection and production efforts on behalf of companies responding to private litigation and government investigations.

Creation of a comprehensive discovery plan for companies in securities class action lawsuits.

Implementation of data and document collection and retention protocols for companies facing private and governmental investigations and litigation.

Design and implementation of data and document repositories and creation of search terms and date and custodian parameters for investigation, litigation and production purposes.

Oversight of forensic imaging of company and personnel electronic assets in connection with internal and government investigations and private litigation.
Proposing and securing relief from document retention protocols for a company facing governmental investigations.

Interviews of current and former company personnel for information, data and document collection purposes.

Events

Represented financing company in class actions involving notices sent to customers.

Represented insurance companies in internal investigations and responses to subpoenas and government inquiries of finite risk insurance and reinsurance, contingent commission agreements, bid rigging, tying arrangements and other areas

Represented a Fortune 100 company’s Special Committee of the Board of Directors in an internal investigation in anticipation of a derivative action.

Represented an insurance company in a nationwide class action alleging fraud in the sale and marketing of insurance.

Represented a group of affiliated companies in an internal investigation and SEC investigation of market timing and late trading.

Represented a financial services company in an internal investigation of mail and wire fraud and parallel investigations by the SEC, the U.S. Attorney’s Office and the FBI.

Represented members of the D.C. Council in litigation concerning the privatization of D.C. General Hospital.

Product Liability
Represented vehicle manufacturing companies in class and individual actions alleging defective recreational and motor vehicles.

Represented a health care company in a class action alleging the improper medical testing of employees.

Represented a manufacturer and retailer in a class action alleging food products were improperly labeled.

Represented a vehicle manufacturing company in a government and corporate investigation involving product recalls, and served as the NHTSA-approved auditor for resolution with the government.

Discovery-Related Matters
Coordination of electronic discovery preservation, collection and production in the context of class action and other litigation and government investigations.

Oversight of data and document collection and production efforts on behalf of companies responding to private litigation and government investigations.

Creation of a comprehensive discovery plan for companies in securities class action lawsuits.

Implementation of data and document collection and retention protocols for companies facing private and governmental investigations and litigation.

Design and implementation of data and document repositories and creation of search terms and date and custodian parameters for investigation, litigation and production purposes.

Oversight of forensic imaging of company and personnel electronic assets in connection with internal and government investigations and private litigation.
Proposing and securing relief from document retention protocols for a company facing governmental investigations.

Interviews of current and former company personnel for information, data and document collection purposes.

Representative Matters

D.C. Class Action Team Prevails on Motion for Reconsideration: Court Concedes It Committed Clear Error in Certifying a Class Action

Washington, D.C. partners David Ross and Kevin P. Farrell and associate Daniel Coffman secured a rare acknowledgement from the District of Columbia Superior Court, which conceded it committed a clear error in previously certifying a class in a case related to vehicle repossession practices. The court had found that proposed class members suffered similar injuries based on an alleged practice of overcharging for repossession and vehicle storage and other actions taken after a customer’s default. Wilson Elser filed a motion contending that the court did not address issues presented in its Opposition to Class Certification. The court agreed, finding that a class cannot be certified for several reasons: (1) plaintiff lacks standing because her claims are based entirely on past conduct; (2) plaintiff cannot serve as class representative or a member of a class because her claims are time-barred; (3) arbitration and class waiver clauses in the plaintiff’s and proposed class member’s contracts preclude class certification; and (4) the court’s sua sponte reliance on a municipal regulation was misplaced. 

David M. Ross, Kevin P. Farrell and Daniel R. Coffman

Class Action Complaint

Coffman, Das, Ross, Viergever and Williams Defeat Federal Data Breach Class Action

Daniel Coffman (Associate-Washington, DC), Anjali Das (Partner-Chicago, IL), David Ross (Partner-Washington, DC), Kim Viergever (Of Counsel-Denver, CO) and Ryan Williams (Partner-Denver, CO) obtained dismissal with prejudice of a federal data breach class action filed against a services vendor for mental health care providers in the District of Colorado. The case comprised eight consolidated class actions brought by 15 named plaintiffs that arose out of a ransomware incident that involved the personal information of almost 4.3 million individuals and included sensitive information such as health information and Social Security numbers. The court agreed that all of the named plaintiffs lack Article III standing, dissecting each of their alleged theories of harm and coming down on the side of the more reasoned courts that have found these types of theories fail to establish standing – public disclosure of private information, increased spam, diminution in value of PHI/PII, emotional distress and future harm. The court concluded that “Plaintiffs have failed to allege injuries in fact that are fairly traceable to the Defendants’ complained-of conduct,” and issued a judgment dismissing the plaintiffs’ claims with prejudice and closing the case. 

Daniel R. Coffman, Anjali C. Das, David M. Ross, Kimberly Viergever and Ryan A. Williams

Cybersecurity Class Action

Firm Highlights

Client Wins
Brinker and Heydari Secure Summary Judgment in Legal Malpractice Case
Craig Brinker (Partner–Dallas, TX) and Meina Heydari (Associate–Washington, D.C.) obtained dismissal of a legal malpractice and gross negligence case in the 401st District Court of Collin County, on behalf of Wilson Elser’s clients, a law firm and two attorneys. Our clients had represented the plaintiff in an earlier child custody case. The pro se plaintiff alleged that in the underlying matter, the attorneys failed to adequately represent her during a contested temporary orders hearing in a Suit Affecting the Parent-Child Relationship (SAPCR) action involving custody and support issues concerning her minor son, and sought actual and exemplary damages. Craig and Meina filed a no-evidence motion for summary judgment under Texas Rule of Civil Procedure 166a(h)(3), arguing that because the plaintiff’s claims turned on her attorneys’ litigation strategy in a complex family-law proceeding, expert testimony was required to establish the breach and causation elements of her claims. They further argued that the plaintiff’s failure to designate any experts, despite receiving a thirty-day extension of the designation deadline, warranted dismissal. Craig and Meina also successfully opposed the plaintiff’s invocation of the “common knowledge” exception and request for additional discovery, establishing that the absence of expert testimony was a dispositive deficiency that further discovery could not cure. The court granted Wilson Elser’s motion and dismissed the plaintiff’s claims against all three defendants with prejudice.
Read more
Events
ANSI Standards in Product Liability Litigation: Admissibility, Strategic Use, and Practical Risk Management
Andrew Albright (Partner-Chicago) and Keti Mebuke (Associate-Chicago) will present the Wilson Elser Forum webinar “ANSI Standards in Product Liability Litigation: Admissibility, Strategic Use, and Practical Risk Management” on April 30, 2026. The webinar examines how courts treat voluntary industry safety standards in product liability cases, including their admissibility at trial and how these standards are used by experts to evaluate product design and safety. Using a revolving-door injury case by way of example, the webinar will discuss how ANSI standards (including ANSI/BHMA A156.27, governing power-operated revolving doors) are applied in product liability litigation. The session will also review relevant case law, including Illinois authority, addressing the admissibility and evidentiary role of industry standards. The webinar is designed for attorneys, claims professionals, and risk managers who handle product liability matters and seek a practical understanding of how ANSI standards influence trial, expert testimony, litigation strategy, and risk management.
Read more
News
Super Lawyers Names Three to 2026 Virginia Rising Stars List
Super Lawyers® has named three Wilson Elser attorneys to the 2026 Virginia Rising Stars™ list: Rising Stars Natalie B. Jacobs (Associate) – Professional Liability: Defense Haley B. Mathis (Of Counsel) – Business Litigation Hariton J. Wilson (Associate) – Civil Litigation: Defense Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The Rising Stars lists, comprising the best attorneys 40 years old and younger or who have practiced law for 10 years or less, are published in Super Lawyers magazines and leading city and regional magazines nationwide. No more than 2.5 percent of the lawyers in the state are named to these lists.
Read more
Events
Using Experts to Defend BI and Business Interruption Claims
Gregory McGroarty (Of Counsel-Madison, NJ) will moderate the New Jersey Defense Association’s webinar “Using Experts to Defend BI and Business Interruption Claims,” on May 1, 2026. Greg, alongside industry professionals from YA Group, MC Consultants, and Rimkus, will offer practical insights on evaluating and defending common claims that can disrupt business operations. Topics covered include premises liability strategies for slip-and-fall accidents, injury considerations in low-speed motor vehicle accidents, and the effective assessment of business property damage and interruption claims.
Read more
Publications
Delay Defeats Arbitration: Nevada High Court Finds 17 Months Too Long
While arbitration clauses are ubiquitous in contracts, they are meaningless if the parties do not move quickly enough to enforce them. In Lennar Communities Nevada, LLC v. Whalen, the plaintiff executed a residential purchase and sale agreement that included an arbitration clause. She then tripped and fell within the community. She sued the developer, and the parties participated in extensive discovery. The developer did not attempt to enforce the arbitration clause for 17 months. While waiver is disfavored, the Supreme Court concluded that the three-factor test for waiver was satisfied. First, the developer knew of the waiver. Second, they acted inconsistently with the right to arbitrate by actively litigating the case in court for such a long time. The Court then introduced a new factor to the analysis. “[C]ourts should consider the totality of the circumstances when evaluating whether a party has already litigated an issue it subsequently seeks to arbitrate.” That factor was met too. The Court next considered whether not invoking the arbitration clause earlier prejudiced the plaintiff. It expressed doubt whether that factor was valid but did not overrule it. Regardless, prejudice was found because the developer was able to obtain discovery in court that typically is unavailable in arbitration. The opinion reiterates the importance of identifying potential arbitration clauses and deciding whether to invoke them as soon as possible.
Read more
News
Wilson Elser Expands Design Professionals and Construction Practices with New Denver Partner
New York – April 20, 2026 – National law firm Wilson Elser today announced the addition of Elizabeth Olson as a partner in its Denver office, strengthening the firm's Design Professionals and Construction practices. Olson joins Wilson Elser from a regional litigation firm focused on tort and commercial litigation, bringing more than a decade of experience successfully defending complex construction, design professional, and commercial matters across various jurisdictions. “For 15 years, Wilson Elser’s Denver office has offered full-service legal support for clients in the Rocky Mountain region,” said Wilson Elser Chair Daniel J. McMahon. "Elizabeth's arrival deepens our bench in critical practice areas and reflects our continued investment in attracting top-tier talent to serve our clients." “Elizabeth’s hiring enhances our existing practices in Denver,” said Jason Melichar, regional managing partner of Wilson Elser’s Denver office. “She will work closely with Ryan Williams, our Denver-based cochair of the firm’s Design Professionals Practice, in defending architects and engineers in construction defect matters.” Olson noted that her decision to join the firm was informed by firsthand experience litigating cases opposite Wilson Elser's Denver attorneys. “The firm has an outstanding reputation in the civil litigation defense community, and I am confident that its robust platform and resources will serve my clients exceptionally well," she said. Olson's practice encompasses a broad range of civil defense matters, including construction and design professional liability, premises liability, general casualty, contract disputes, commercial litigation, product liability, and transportation. She has represented clients in state and federal courts in Colorado and Arizona. Olson earned her J.D. from Arizona State University's Sandra Day O'Connor College of Law and her B.A. in Economics and Ancient Mediterranean Civilizations from Rice University.
Read more
Publications
Westlaw Today Features Fink Article on Shifting Landscape of Internet Liability & Safe Harbor Protections
Sarah Fink (Of Counsel-Long Island, NY) authored “Mixed Signals on the Free Flow of information Online – One Step Forward, Two Steps Back,” appearing in the April 21, 2026, posting of Westlaw Today. The article examines three recent court decisions that send mixed signals on the future of internet liability and statutory safe harbor defenses, highlighting a Supreme Court ruling that reinforces protections for online service providers and encourages the free flow of information, alongside two state court rulings (California and New Mexico) that expand potential liability for social media platforms, holding that they can be held liable for harm caused by addiction to social media. Sarah opines, “Together, these three decisions highlight the tension between First Amendment speech rights, statutory safe harbors, public safety online, and recourse for harms, such as mental health deterioration and copyright infringement.” She further explains that the cases “also demonstrate that the traditional statutory safe harbors for internet actors may be circumvented by creative pleading and litigation tactics, leading to questions about their continued relevance.”
Read more
Events
Recent Developments on Equitable Relief Under ERISA
Joshua Bachrach (Partner-Philadelphia, PA) will present “Recent Developments on Equitable Relief Under ERISA” at the 2026 DRI Life, Health, Disability & ERISA Seminar, held April 29 – May 1, 2026, in Atlanta, Georgia. Josh’s session provides a brief review of relevant Supreme Court decisions and covers various topics, such as whether surcharge is a permissible remedy under ERISA, use of Section 502(a)(3) to recover attorney’s fees, and the applicability of the exhaustion requirement. Josh, who has handled several hundred ERISA cases nationwide, also addresses breach of fiduciary duty claims and equitable relief remedies at this preeminent seminar for in-house and outside counsel regularly practicing in the life, health, disability, and ERISA areas.
Read more
Publications
New York’s AVOID Act Imposes 90-Day Deadline for Third-Party Claims
The New York Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act became effective on April 18, 2026, establishing new deadlines for third-party complaints. Under this Act, a third-party plaintiff must file their complaint within 90 days of serving the initial answer pursuant to CPLR § 1007(b).1 Any third-party complaint against a plaintiff’s employer, however, must be filed within 90 days of the later of (1) discovering the employer’s identity; or (2) determining that the plaintiff sustained a “grave injury” as defined by Section 11 of the Workers’ Compensation Law. CPLR § 1007(e).2 The Act prohibits filing a third-party complaint after the note of issue unless upon good cause shown or in the interest of justice. CPLR § 1007(c).3 A third-party action filed in violation of this subdivision shall be severed or dismissed without prejudice. CPLR § 1007(d).4 Any severed actions that are initiated as new actions cannot then be consolidated. CPLR § 1007(f).5 Regarding retroactivity: an amendment clarifies that the Act applies to all cases commenced on or after the April 18, 2026 effective date.6 Be advised that as of April 16, 2026, the New York State website has not yet integrated this amendment into the statutory text.7 Lexis captures this update in the editor’s notes,8 and Westlaw includes it within the proposed legislation section.9 ____________________________________________________________________________________ 1 https://www.nysenate.gov/legislation/laws/CVP/1007  2 https://www.nysenate.gov/legislation/laws/CVP/1007  3 https://www.nysenate.gov/legislation/laws/CVP/1007  4 https://www.nysenate.gov/legislation/laws/CVP/1007  5 https://www.nysenate.gov/legislation/laws/CVP/1007  6 https://www.nysenate.gov/legislation/bills/2025/S8809  7 https://www.nysenate.gov/legislation/laws/CVP/1007  8 2026 N.Y. ALS 79 ; 2026 N.Y. Laws 79 ; 2026 N.Y. Ch. 79 ; 2026 N.Y. SB 8809 9 https://1.next.westlaw.com/Document/NFE11DA10E4E211F0AA39CB673CF36EC6/View/FullText.html?navigationPath=Search/v1/results/navigation/i0a93b86c0000019d9c1ba0e5c3a0e723?ppcid=44f5a950322a4255ae42b3e5a5e57b22&Nav=MULTIPLECITATIONS&fragmentIdentifier=NFE11DA10E4E211F0AA39CB673CF36EC6&parentRank=0&startIndex=1&contextData=%28sc.Search%29&transitionType=UniqueDocItem&listSource=Search&listPageSource=781efccd7c647a1b5673e671cb33d842&list=MULTIPLECITATIONS&sessionScopeId=a4a94ca7e43970d7bb6b9036b5ab4e414796eb2f36e0a800dc47d1459a582deb&ppcid=44f5a950322a4255ae42b3e5a5e57b22&originationContext=NonUniqueFindSelected&transitionType=UniqueDocItem&contextData=(sc.Search)
Read more
Client Wins
Niederer and Miller Prevail in U.S. District Court in Discrimination Matter
Through persistent and strategic motion practice, Eric Niederer (Partner-Stamford, CT) and Casey Miller (Associate-Stamford, CT) obtained a complete and final resolution in a matter before the U.S. District Court, District of Connecticut.  Plaintiff alleged sex, race, color, and disability discrimination against our insured, a nonprofit domestic violence services organization, and other defendants.   Over the course of the litigation, Plaintiff engaged in a pattern of noncompliance with the Court's orders and the requirements of the Federal Rules of Civil Procedure. The Court further found that the plaintiff's noncompliance had been both prolonged and willful, extending back to the July 2025 court-ordered deadlines, and that Plaintiff had actively refused to comply with her discovery obligations to any extent. The dismissal with prejudice eliminated the burden of prolonged and meritless litigation and barred Plaintiff from reasserting these claims in any future proceeding.
Read more
News
Super Lawyers Names Three to 2026 Virginia Rising Stars List
Super Lawyers® has named three Wilson Elser attorneys to the 2026 Virginia Rising Stars™ list: Rising Stars Natalie B. Jacobs (Associate) – Professional Liability: Defense Haley B. Mathis (Of Counsel) – Business Litigation Hariton J. Wilson (Associate) – Civil Litigation: Defense Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The Rising Stars lists, comprising the best attorneys 40 years old and younger or who have practiced law for 10 years or less, are published in Super Lawyers magazines and leading city and regional magazines nationwide. No more than 2.5 percent of the lawyers in the state are named to these lists.
Read more
Events
ANSI Standards in Product Liability Litigation: Admissibility, Strategic Use, and Practical Risk Management
Andrew Albright (Partner-Chicago) and Keti Mebuke (Associate-Chicago) will present the Wilson Elser Forum webinar “ANSI Standards in Product Liability Litigation: Admissibility, Strategic Use, and Practical Risk Management” on April 30, 2026. The webinar examines how courts treat voluntary industry safety standards in product liability cases, including their admissibility at trial and how these standards are used by experts to evaluate product design and safety. Using a revolving-door injury case by way of example, the webinar will discuss how ANSI standards (including ANSI/BHMA A156.27, governing power-operated revolving doors) are applied in product liability litigation. The session will also review relevant case law, including Illinois authority, addressing the admissibility and evidentiary role of industry standards. The webinar is designed for attorneys, claims professionals, and risk managers who handle product liability matters and seek a practical understanding of how ANSI standards influence trial, expert testimony, litigation strategy, and risk management.
Read more
Client Wins
Brinker and Heydari Secure Summary Judgment in Legal Malpractice Case
Craig Brinker (Partner–Dallas, TX) and Meina Heydari (Associate–Washington, D.C.) obtained dismissal of a legal malpractice and gross negligence case in the 401st District Court of Collin County, on behalf of Wilson Elser’s clients, a law firm and two attorneys. Our clients had represented the plaintiff in an earlier child custody case. The pro se plaintiff alleged that in the underlying matter, the attorneys failed to adequately represent her during a contested temporary orders hearing in a Suit Affecting the Parent-Child Relationship (SAPCR) action involving custody and support issues concerning her minor son, and sought actual and exemplary damages. Craig and Meina filed a no-evidence motion for summary judgment under Texas Rule of Civil Procedure 166a(h)(3), arguing that because the plaintiff’s claims turned on her attorneys’ litigation strategy in a complex family-law proceeding, expert testimony was required to establish the breach and causation elements of her claims. They further argued that the plaintiff’s failure to designate any experts, despite receiving a thirty-day extension of the designation deadline, warranted dismissal. Craig and Meina also successfully opposed the plaintiff’s invocation of the “common knowledge” exception and request for additional discovery, establishing that the absence of expert testimony was a dispositive deficiency that further discovery could not cure. The court granted Wilson Elser’s motion and dismissed the plaintiff’s claims against all three defendants with prejudice.
Read more
Events
Using Experts to Defend BI and Business Interruption Claims
Gregory McGroarty (Of Counsel-Madison, NJ) will moderate the New Jersey Defense Association’s webinar “Using Experts to Defend BI and Business Interruption Claims,” on May 1, 2026. Greg, alongside industry professionals from YA Group, MC Consultants, and Rimkus, will offer practical insights on evaluating and defending common claims that can disrupt business operations. Topics covered include premises liability strategies for slip-and-fall accidents, injury considerations in low-speed motor vehicle accidents, and the effective assessment of business property damage and interruption claims.
Read more
Publications
Delay Defeats Arbitration: Nevada High Court Finds 17 Months Too Long
While arbitration clauses are ubiquitous in contracts, they are meaningless if the parties do not move quickly enough to enforce them. In Lennar Communities Nevada, LLC v. Whalen, the plaintiff executed a residential purchase and sale agreement that included an arbitration clause. She then tripped and fell within the community. She sued the developer, and the parties participated in extensive discovery. The developer did not attempt to enforce the arbitration clause for 17 months. While waiver is disfavored, the Supreme Court concluded that the three-factor test for waiver was satisfied. First, the developer knew of the waiver. Second, they acted inconsistently with the right to arbitrate by actively litigating the case in court for such a long time. The Court then introduced a new factor to the analysis. “[C]ourts should consider the totality of the circumstances when evaluating whether a party has already litigated an issue it subsequently seeks to arbitrate.” That factor was met too. The Court next considered whether not invoking the arbitration clause earlier prejudiced the plaintiff. It expressed doubt whether that factor was valid but did not overrule it. Regardless, prejudice was found because the developer was able to obtain discovery in court that typically is unavailable in arbitration. The opinion reiterates the importance of identifying potential arbitration clauses and deciding whether to invoke them as soon as possible.
Read more
News
Wilson Elser Expands Design Professionals and Construction Practices with New Denver Partner
New York – April 20, 2026 – National law firm Wilson Elser today announced the addition of Elizabeth Olson as a partner in its Denver office, strengthening the firm's Design Professionals and Construction practices. Olson joins Wilson Elser from a regional litigation firm focused on tort and commercial litigation, bringing more than a decade of experience successfully defending complex construction, design professional, and commercial matters across various jurisdictions. “For 15 years, Wilson Elser’s Denver office has offered full-service legal support for clients in the Rocky Mountain region,” said Wilson Elser Chair Daniel J. McMahon. "Elizabeth's arrival deepens our bench in critical practice areas and reflects our continued investment in attracting top-tier talent to serve our clients." “Elizabeth’s hiring enhances our existing practices in Denver,” said Jason Melichar, regional managing partner of Wilson Elser’s Denver office. “She will work closely with Ryan Williams, our Denver-based cochair of the firm’s Design Professionals Practice, in defending architects and engineers in construction defect matters.” Olson noted that her decision to join the firm was informed by firsthand experience litigating cases opposite Wilson Elser's Denver attorneys. “The firm has an outstanding reputation in the civil litigation defense community, and I am confident that its robust platform and resources will serve my clients exceptionally well," she said. Olson's practice encompasses a broad range of civil defense matters, including construction and design professional liability, premises liability, general casualty, contract disputes, commercial litigation, product liability, and transportation. She has represented clients in state and federal courts in Colorado and Arizona. Olson earned her J.D. from Arizona State University's Sandra Day O'Connor College of Law and her B.A. in Economics and Ancient Mediterranean Civilizations from Rice University.
Read more
Publications
Westlaw Today Features Fink Article on Shifting Landscape of Internet Liability & Safe Harbor Protections
Sarah Fink (Of Counsel-Long Island, NY) authored “Mixed Signals on the Free Flow of information Online – One Step Forward, Two Steps Back,” appearing in the April 21, 2026, posting of Westlaw Today. The article examines three recent court decisions that send mixed signals on the future of internet liability and statutory safe harbor defenses, highlighting a Supreme Court ruling that reinforces protections for online service providers and encourages the free flow of information, alongside two state court rulings (California and New Mexico) that expand potential liability for social media platforms, holding that they can be held liable for harm caused by addiction to social media. Sarah opines, “Together, these three decisions highlight the tension between First Amendment speech rights, statutory safe harbors, public safety online, and recourse for harms, such as mental health deterioration and copyright infringement.” She further explains that the cases “also demonstrate that the traditional statutory safe harbors for internet actors may be circumvented by creative pleading and litigation tactics, leading to questions about their continued relevance.”
Read more
Events
Recent Developments on Equitable Relief Under ERISA
Joshua Bachrach (Partner-Philadelphia, PA) will present “Recent Developments on Equitable Relief Under ERISA” at the 2026 DRI Life, Health, Disability & ERISA Seminar, held April 29 – May 1, 2026, in Atlanta, Georgia. Josh’s session provides a brief review of relevant Supreme Court decisions and covers various topics, such as whether surcharge is a permissible remedy under ERISA, use of Section 502(a)(3) to recover attorney’s fees, and the applicability of the exhaustion requirement. Josh, who has handled several hundred ERISA cases nationwide, also addresses breach of fiduciary duty claims and equitable relief remedies at this preeminent seminar for in-house and outside counsel regularly practicing in the life, health, disability, and ERISA areas.
Read more
Publications
New York’s AVOID Act Imposes 90-Day Deadline for Third-Party Claims
The New York Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act became effective on April 18, 2026, establishing new deadlines for third-party complaints. Under this Act, a third-party plaintiff must file their complaint within 90 days of serving the initial answer pursuant to CPLR § 1007(b).1 Any third-party complaint against a plaintiff’s employer, however, must be filed within 90 days of the later of (1) discovering the employer’s identity; or (2) determining that the plaintiff sustained a “grave injury” as defined by Section 11 of the Workers’ Compensation Law. CPLR § 1007(e).2 The Act prohibits filing a third-party complaint after the note of issue unless upon good cause shown or in the interest of justice. CPLR § 1007(c).3 A third-party action filed in violation of this subdivision shall be severed or dismissed without prejudice. CPLR § 1007(d).4 Any severed actions that are initiated as new actions cannot then be consolidated. CPLR § 1007(f).5 Regarding retroactivity: an amendment clarifies that the Act applies to all cases commenced on or after the April 18, 2026 effective date.6 Be advised that as of April 16, 2026, the New York State website has not yet integrated this amendment into the statutory text.7 Lexis captures this update in the editor’s notes,8 and Westlaw includes it within the proposed legislation section.9 ____________________________________________________________________________________ 1 https://www.nysenate.gov/legislation/laws/CVP/1007  2 https://www.nysenate.gov/legislation/laws/CVP/1007  3 https://www.nysenate.gov/legislation/laws/CVP/1007  4 https://www.nysenate.gov/legislation/laws/CVP/1007  5 https://www.nysenate.gov/legislation/laws/CVP/1007  6 https://www.nysenate.gov/legislation/bills/2025/S8809  7 https://www.nysenate.gov/legislation/laws/CVP/1007  8 2026 N.Y. ALS 79 ; 2026 N.Y. Laws 79 ; 2026 N.Y. Ch. 79 ; 2026 N.Y. SB 8809 9 https://1.next.westlaw.com/Document/NFE11DA10E4E211F0AA39CB673CF36EC6/View/FullText.html?navigationPath=Search/v1/results/navigation/i0a93b86c0000019d9c1ba0e5c3a0e723?ppcid=44f5a950322a4255ae42b3e5a5e57b22&Nav=MULTIPLECITATIONS&fragmentIdentifier=NFE11DA10E4E211F0AA39CB673CF36EC6&parentRank=0&startIndex=1&contextData=%28sc.Search%29&transitionType=UniqueDocItem&listSource=Search&listPageSource=781efccd7c647a1b5673e671cb33d842&list=MULTIPLECITATIONS&sessionScopeId=a4a94ca7e43970d7bb6b9036b5ab4e414796eb2f36e0a800dc47d1459a582deb&ppcid=44f5a950322a4255ae42b3e5a5e57b22&originationContext=NonUniqueFindSelected&transitionType=UniqueDocItem&contextData=(sc.Search)
Read more
Client Wins
Niederer and Miller Prevail in U.S. District Court in Discrimination Matter
Through persistent and strategic motion practice, Eric Niederer (Partner-Stamford, CT) and Casey Miller (Associate-Stamford, CT) obtained a complete and final resolution in a matter before the U.S. District Court, District of Connecticut.  Plaintiff alleged sex, race, color, and disability discrimination against our insured, a nonprofit domestic violence services organization, and other defendants.   Over the course of the litigation, Plaintiff engaged in a pattern of noncompliance with the Court's orders and the requirements of the Federal Rules of Civil Procedure. The Court further found that the plaintiff's noncompliance had been both prolonged and willful, extending back to the July 2025 court-ordered deadlines, and that Plaintiff had actively refused to comply with her discovery obligations to any extent. The dismissal with prejudice eliminated the burden of prolonged and meritless litigation and barred Plaintiff from reasserting these claims in any future proceeding.
Read more
News
Super Lawyers Names Three to 2026 Virginia Rising Stars List
Super Lawyers® has named three Wilson Elser attorneys to the 2026 Virginia Rising Stars™ list: Rising Stars Natalie B. Jacobs (Associate) – Professional Liability: Defense Haley B. Mathis (Of Counsel) – Business Litigation Hariton J. Wilson (Associate) – Civil Litigation: Defense Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The Rising Stars lists, comprising the best attorneys 40 years old and younger or who have practiced law for 10 years or less, are published in Super Lawyers magazines and leading city and regional magazines nationwide. No more than 2.5 percent of the lawyers in the state are named to these lists.
Read more
Events
ANSI Standards in Product Liability Litigation: Admissibility, Strategic Use, and Practical Risk Management
Andrew Albright (Partner-Chicago) and Keti Mebuke (Associate-Chicago) will present the Wilson Elser Forum webinar “ANSI Standards in Product Liability Litigation: Admissibility, Strategic Use, and Practical Risk Management” on April 30, 2026. The webinar examines how courts treat voluntary industry safety standards in product liability cases, including their admissibility at trial and how these standards are used by experts to evaluate product design and safety. Using a revolving-door injury case by way of example, the webinar will discuss how ANSI standards (including ANSI/BHMA A156.27, governing power-operated revolving doors) are applied in product liability litigation. The session will also review relevant case law, including Illinois authority, addressing the admissibility and evidentiary role of industry standards. The webinar is designed for attorneys, claims professionals, and risk managers who handle product liability matters and seek a practical understanding of how ANSI standards influence trial, expert testimony, litigation strategy, and risk management.
Read more
Client Wins
Brinker and Heydari Secure Summary Judgment in Legal Malpractice Case
Craig Brinker (Partner–Dallas, TX) and Meina Heydari (Associate–Washington, D.C.) obtained dismissal of a legal malpractice and gross negligence case in the 401st District Court of Collin County, on behalf of Wilson Elser’s clients, a law firm and two attorneys. Our clients had represented the plaintiff in an earlier child custody case. The pro se plaintiff alleged that in the underlying matter, the attorneys failed to adequately represent her during a contested temporary orders hearing in a Suit Affecting the Parent-Child Relationship (SAPCR) action involving custody and support issues concerning her minor son, and sought actual and exemplary damages. Craig and Meina filed a no-evidence motion for summary judgment under Texas Rule of Civil Procedure 166a(h)(3), arguing that because the plaintiff’s claims turned on her attorneys’ litigation strategy in a complex family-law proceeding, expert testimony was required to establish the breach and causation elements of her claims. They further argued that the plaintiff’s failure to designate any experts, despite receiving a thirty-day extension of the designation deadline, warranted dismissal. Craig and Meina also successfully opposed the plaintiff’s invocation of the “common knowledge” exception and request for additional discovery, establishing that the absence of expert testimony was a dispositive deficiency that further discovery could not cure. The court granted Wilson Elser’s motion and dismissed the plaintiff’s claims against all three defendants with prejudice.
Read more
Events
Using Experts to Defend BI and Business Interruption Claims
Gregory McGroarty (Of Counsel-Madison, NJ) will moderate the New Jersey Defense Association’s webinar “Using Experts to Defend BI and Business Interruption Claims,” on May 1, 2026. Greg, alongside industry professionals from YA Group, MC Consultants, and Rimkus, will offer practical insights on evaluating and defending common claims that can disrupt business operations. Topics covered include premises liability strategies for slip-and-fall accidents, injury considerations in low-speed motor vehicle accidents, and the effective assessment of business property damage and interruption claims.
Read more
Publications
Delay Defeats Arbitration: Nevada High Court Finds 17 Months Too Long
While arbitration clauses are ubiquitous in contracts, they are meaningless if the parties do not move quickly enough to enforce them. In Lennar Communities Nevada, LLC v. Whalen, the plaintiff executed a residential purchase and sale agreement that included an arbitration clause. She then tripped and fell within the community. She sued the developer, and the parties participated in extensive discovery. The developer did not attempt to enforce the arbitration clause for 17 months. While waiver is disfavored, the Supreme Court concluded that the three-factor test for waiver was satisfied. First, the developer knew of the waiver. Second, they acted inconsistently with the right to arbitrate by actively litigating the case in court for such a long time. The Court then introduced a new factor to the analysis. “[C]ourts should consider the totality of the circumstances when evaluating whether a party has already litigated an issue it subsequently seeks to arbitrate.” That factor was met too. The Court next considered whether not invoking the arbitration clause earlier prejudiced the plaintiff. It expressed doubt whether that factor was valid but did not overrule it. Regardless, prejudice was found because the developer was able to obtain discovery in court that typically is unavailable in arbitration. The opinion reiterates the importance of identifying potential arbitration clauses and deciding whether to invoke them as soon as possible.
Read more
News
Wilson Elser Expands Design Professionals and Construction Practices with New Denver Partner
New York – April 20, 2026 – National law firm Wilson Elser today announced the addition of Elizabeth Olson as a partner in its Denver office, strengthening the firm's Design Professionals and Construction practices. Olson joins Wilson Elser from a regional litigation firm focused on tort and commercial litigation, bringing more than a decade of experience successfully defending complex construction, design professional, and commercial matters across various jurisdictions. “For 15 years, Wilson Elser’s Denver office has offered full-service legal support for clients in the Rocky Mountain region,” said Wilson Elser Chair Daniel J. McMahon. "Elizabeth's arrival deepens our bench in critical practice areas and reflects our continued investment in attracting top-tier talent to serve our clients." “Elizabeth’s hiring enhances our existing practices in Denver,” said Jason Melichar, regional managing partner of Wilson Elser’s Denver office. “She will work closely with Ryan Williams, our Denver-based cochair of the firm’s Design Professionals Practice, in defending architects and engineers in construction defect matters.” Olson noted that her decision to join the firm was informed by firsthand experience litigating cases opposite Wilson Elser's Denver attorneys. “The firm has an outstanding reputation in the civil litigation defense community, and I am confident that its robust platform and resources will serve my clients exceptionally well," she said. Olson's practice encompasses a broad range of civil defense matters, including construction and design professional liability, premises liability, general casualty, contract disputes, commercial litigation, product liability, and transportation. She has represented clients in state and federal courts in Colorado and Arizona. Olson earned her J.D. from Arizona State University's Sandra Day O'Connor College of Law and her B.A. in Economics and Ancient Mediterranean Civilizations from Rice University.
Read more
Privacy Settings
Your Privacy Choices
We value your privacy. Under privacy laws in your jurisdiction, you have the right to control how your personal information is used, including the right to opt out of the “sale” or “sharing” of your personal information for cross-context behavioral advertising. You may also limit the use of your sensitive personal information.

Below, you can review and adjust your cookie and data sharing preferences. For more information about how we use your data, please see our Privacy Policy.

Your Rights and Choices

Opt Out of Sale or Sharing: You may opt out of the sale or sharing of your personal information for advertising and analytics purposes by turning off Advertising & Targeting Cookies. We will honor your choice and will not sell or share your personal information for these purposes unless you enable these cookies again. Wilson Elser does not sell or share personal information in any other manner.

Limit Use of Sensitive Personal Information: If we collect sensitive personal information, you may limit its use to only what is necessary to provide requested services by adjusting your preferences here. Please contact privacy@wilsonelser.com with any questions.

Global Privacy Control: We honor browser-based opt-out signals, such as the Global Privacy Control (GPC). If we detect such a signal, your opt-out preference will be automatically applied.
These cookies are essential for the website to function and cannot be switched off in our systems. They are usually set in response to actions made by you, such as setting your privacy preferences, logging in, or filling in forms.
These cookies enable the website to provide enhanced functionality and personalization. If you do not allow these cookies, some or all of these services may not function properly.
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They may be set through our site by us or our analytics partners to understand your interests and deliver more relevant content to you. If you do not allow these cookies, we will not know when you have visited our site